Wills


	PHILIP KANIGAN BSc. D.M.D. NOTARY PUBLIC Inc.

	*Information about Wills:*

Is a Notary Public Able to Prepare a Will?

The Notaries Act provides that a member of the Society of Notaries Public of British Columbia who is enrolled and in good standing may draw and supervise the execution of Wills of certain classes.

Wills are a critical tool for outlining one’s wishes for the distribution of one’s assets, guardianship of minor children, and the designation of an Executor who takes care of administering the estate. Despite this , a November 2010 survey found that only 51% of BC adults have a Will in place. Without a Will, the Court will determine who will be the Executor , and the law will decide who is entitled to the estate.

Who should have a Will?

Any adult in BC who owns property including real estate, vehicles or other assets ; has dependent children or a spouse, and wishes to have someone they know and trust to care of their estate and children after their death.

What happens if I die without a Will?

The most important reason to make a Will is to take control of your estate planning process and have a Will prepared that reflects your wishes. This would include naming a guardian if you have children under the age of nineteen years.

If you die without a Will, the choices as to how and when your estate is distributed is governed by the B. C. Estate Administration Act. That distribution may not be anything close to what you may have wanted or what your family needs.

The following table sets out how an estate is distributed if there is no Will, depending on the survivors:

	Estate to:
Spouse only	Entire estate to spouse
Children only	Entire estate to children
Spouse & one child	1st $65,000.00, household furnishings and estate for life in matrimonial home goes to spouse, remainder is split equally
Spouse & children	1st $65,000 to spouse, 1/3 remainder to spouse, 2/3 remainder to children
No spouse & no children	Entire estate to person's father and mother in equal shares if both are living; if both are not living, the estate goes to the survivor;
No spouse, children, or parents	Entire estate goes to person's brothers and sisters or their survivor in equal shares;
Nephews & nieces only	Entire estate to nephews and nieces equally;

We provide a comprehensive questionnaire to guide you in making decisions in the estate planning process and would be pleased to provide one to you, should you wish to create a Will through our office.